Spangenberg

This is an appeal by plaintiff from an order granting change of place of trial from the city and county of San Francisco, where the action was begun, to the county of Los Angeles, the place of residence of the defendant.

Some technical objections to the moving papers are made by plaintiff, but the irregularities mentioned are of little moment.

The notice of motion, instead of naming a definite date for the hearing, stated that the defendant would move the court for the desired order “at a date and time to be fixed by the Clerk”. This notice bears date of June 4, 1929; and on June 7th, the attorney for the defendant informed the attorney for the plaintiff by letter that the matter had been placed on the motion calendar for hearing on June 10, 1929, at 10 o’clock. The hearing appears to have been continued to June 17th, at which time plaintiff’s attorney was present, and filed an affidavit of plaintiff’s guardian in opposition to the motion. After hearing from both parties, the court took the matter under submission, and on July 5th granted the motion. Since plaintiff was represented by counsel at the hearing and contested the application on the merits, no prejudice was suffered…